Conciliation

1. Industrial dispute
Dispute means difference or disagreement or strive over some issues between
the parties
According to section 2(k) of the Industrial Dispute Act,1947,the term ‘industrial
dispute’ means “any dispute or difference between employers and employers or
between employers and workmen, or between workmen and workmen, which is
connected with the employment or non employment or the terms of employment
and conditions of employment of any person”.

2. SETTLEMENT OF INDUSTRIAL
DISPUTE
Failure of the employees & employers to sort out their differences bilaterally leads to
the emergence of industrial Dispute.
The industrial dispute act 1947 provides a legalistic machinery for settlement of such
disputes by involving the interference of a third party.
The settlement machinery as provided by the act consists of 3 methods:-
1)CONCILIATION
 2) ARBITRATION
 3)ADJUCTION

3. CONCIALIATION
 It may be described as the process by which representatives of
workers & employers are brought together before a third
person or a group of persons with a view to persuading them to
arrive at an agreement by mutual discussion between them.
 Conciliation may be described as the practice by which the
service of a neutral third party are used in a dispute as means
of a helping the disputing parties to reduce the extent of their
differences & to arrive at an amicable settlement or agreed
solution.
 It is a process of rational & orderly discussion of differences
between the parties to a dispute under the guidance of a
conciliator.

4. CONCIASLIATION FEATURES
 The conciliator or mediator tries to remove the difference
between the parties.
 He/ She persuades the parties to think over the matter with
the problem solving approach, i.e with a give & take approach.
 He/She only persuade the disputants to reach a solution &
never imposes his/her own view point.
 The conciliator may change his approach from case to case as
he/she find fit depending on the other factors.

5. CONCIALIATION MACHINARY
 In a large no of countries the conciliator is very often
a government official functioning as a conciliator in an
individual capacity.
 In other hand conciliation may also undertake by a
body consisting of several members, variously called
board, a council, or a committee of conciliation or
simply referred as conciliation board.

6. CONCIALITION OFFICER
 The Industrial Dispute Act 1947, under section 4, provides for the
appropriate government to appoint such number of persons as it
thinks fit to be conciliation officer
 Here the appropriate government means one in whose jurisdiction
the disputes fall.
 While the commissioner/additional commissioner deputy
commissioner is appointed as conciliation officer for undertaking
employing 20or more persons, at the state level, officer from
central labor commissions office are appointed as conciliation
officers, in the case of central government.
 The conciliation officer enjoys the powers of a civil court.
 He is expected to give judgment within 14 days of the
commencement of the conciliation proceedings.
 The judgment given by him is binding on the parties to the dispute.

7. BOARD OF CONCILIATION
 In the case of conciliation officer fails to resolve the dispute between the
disputants, under section5 of the industrial dispute act,1947, the appropriate
government can appoint a board of conciliation.
 Thus, the board of conciliation is not a permanent institution like conciliation
officer.
 It is an adhoc body consisting of a chairman &2 or 4 other members
nominated in equal numbers by the parties to the dispute.
 The board enjoys the powers of civil court.
 The board admits disputes only referred to it by the government.
 It follows the same conciliation proceedings as followed by the conciliation
officer.
 The board is expected to give its judgment within 2 months of the date in
which the dispute was referred to it.
 In India, appointment of the board of conciliation is rare for the settlement
of disputes. In practice, settling disputes through a conciliation officer is
more common and flexible.

8. ROLE OF A CONCILIATOR
 As a discussion leader.
 As a safety valve.
 As a communication link.
 As an innovator
 As a sounding board.
 As a protector.
 As a fall safe device.
 As a stimulator.
 As an adviser.
 As a face saver.

9. VOLUNTARY & COMPULSARY
CONCIALITION
 In voluntary conciliation, the disputes are referred to the
conciliation officer or the board of conciliation by both the
parties of their own free will, they agree to have their disputes
settled by an outsider ( without any compulsion of law) but the
are free to accept or not to accept the decision.
 Under compulsory conciliation the dispute are referred to
the board of conciliation. Under it the procedure is made
compulsory by provisions requiring the parties attendance at
conciliation proceeding or empowering the conciliation authority
to compel their resort to conciliator.
 In other words, compulsory conciliation can serve as a
means of education, training & guiding the parties with
regard to the nature & conduct of bilateral negotiations.

10. THANK
YOU